Laxmi Meghan College Of Nursing vs State Of Kerala
2022 Latest Caselaw 12366 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                       WP(C) NO. 41411 OF 2022
PETITIONER:

          LAXMI MEGHAN COLLEGE OF NURSING
          HARIPURAM P.O., PULLUR, KANHANGAD, KASARAGOD DISTRICT -
          671531, REPRESENTED BY ITS PRINCIPAL DR. RENUKA, W/O R.
          UGANATHAN, AGED 48 YEARS, RESIDING AT SOUPARNIKA
          RESIDENCY, HARIPURAM P.O., PULLUR, KANHANGAD, KASARAGOD
          DISTRICT - 671531.

          BY ADVS.
          SAJITH KUMAR V.
          SHREEKANTHA.K
          VIVEK A.V.
          GODWIN JOSEPH
          PRANAV PRADEEP
          NEERAJA P.



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE
          DEPARTMENT, GOVERNMENT OF KERALA, 6TH FLOOR,
          SECRETARIAT, ANNEXE - II, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695001.

    2     KERALA UNIVERSITY OF HEALTH SCIENCES,
          REPRESENTED BY ITS REGISTRAR, OFFICE OF THE KERALA
          UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O.,
          ATHANI, THRISSUR DISTRICT - 680596.

    3     KERALA NURSES AND MIDWIVES COUNCIL,
          REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, JAI
          VIHAR, KUNNUKUZHY, THIRUVANANTHAPURAM - 695035.

    4     INDIAN NURSING COUNCIL,
          REPRESENTED BY ITS PRESIDENT, 8TH FLOOR, NBCC CENTER,
          PLOT NO. 2, COMMUNITY CENTER, OKHLA PHASE-I, NEW DELHI-
          11020.

          BY ADV N.RAGHURAJ
 WP(C) NO. 41411 OF 2022
                               -2-




        SMT PARVATHY K-GP; SRI P SREEKUMAR-SC; DR.
        ABRAHAM P MEACHINKARA-SC




     THIS   WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION   ON   23.12.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 41411 OF 2022
                                -3-

                          JUDGMENT

The petitioner impugns Ext.P25 order of the

Kerala University of Health Sciences (KUHS),

whereby, their request for an additional intake

of 25 seats for the B.Sc Nursing Course has been

rejected, saying that, at the time of

inspection, though the total bed strength was

shown to be 300, inpatients were only 10; and

that the main hospital building itself was under

reconstruction/renovation, thereby, denying the

requisite clinical training facilities for even

the existing students.

2. Sri.V.Sajith Kumar - learned counsel for

the petitioner, vehemently argued that, even

though the main building of the hospital is

under renovation, the number of inpatients has

not come down, but they have been relocated and

accommodated in certain other hospitals, as is WP(C) NO. 41411 OF 2022

evident from Ext.P26 order of the District

Medical Officer of Health, Kasaragod and

Ext.P27, 28 and 29 agreements entered into by

his client with other hospitals. He submitted

that the further allegation in Ext.P25, that

clinical training facilities have been

attenuated on account of the renovation of the

building is also untrue.

3. In response, Sri.P.Sreekumar - learned

Standing Counsel for the KUHS, submitted that

Ext.P25 order was issued in obedience to the

directions in Ext.P20 judgment of this Court,

which was obtained by the petitioner on an

earlier occasion.

4. Sri.P.Sreekumar added that, when the

Committee visited the hospital, it was found

that the total inpatients were only 10; and that

since the building is under renovation, the

essential clinical facility has been virtually WP(C) NO. 41411 OF 2022

taken away. He pointed out that, in Ext.P25,

certain other deficiencies have also been shown.

He thus prayed that this writ petition be

dismissed.

5. Dr.Abraham P.Meachinkara - learned

Standing Counsel for Indian Nursing Council

(NIC), submitted that it is for the KUHS to make

an evaluation of the facilities of a College;

and that his client has no role in such. He

added that since Ext.P25 shows that the

essential facilities are lacking, the petitioner

is not justified in seeking additional seats,

particularly when the present intake itself

appears to be doubtful to them.

6. When I evaluate and consider the afore

submissions, it must be borne in mind upfront

that the wisdom of this Court cannot be

substituted for that of the experts in the

field. The KUHS is undoubtedly vested with the WP(C) NO. 41411 OF 2022

competence to assess and determine the

facilities for a College; and when they say

that, on account of the renovation of the main

building, the petitioner - College has now lost

even the essential clinical training facilities

for its present intake, it is not a matter that

this Court can intervene and speak to the

contrary, since it requires assessment of

various factual and documentary evidence.

7. However, since the petitioner says that

they have made arrangements with other hospitals

for admission of their inpatients and that they

also have sufficient clinical training

facilities, I am of the view that they can be

given an opportunity of answering Ext.P25

through cogent and reliable evidence. Of course,

it will be upto the KUHS to take an apposite

decision thereon as per law.

Resultantly, I allow this writ petition to WP(C) NO. 41411 OF 2022

the limited extent of leaving liberty to the

petitioner to approach the KUHS with an

explanation to Ext.P25, producing therewith all

relevant documents - including Exts.P27 to P29

or any other; and if this is done within a

period of two weeks from the date of receipt of

a copy of this judgment, same will be considered

and apposite proceedings issued to the

petitioner, after affording them an opportunity

of being heard by the competent Authority of the

KUHS within a period of two weeks thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 41411 OF 2022

APPENDIX OF WP(C) 41411/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE G.O.(MS) NO.

25/2021/H&FWD DATED 09.02.2021 ISSUED ON BEHALF OF THE 1ST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE ORDER NO. G.

6661/10/NC DATED 30.10.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ORDER U.O. NO.

1068/2021/ACADEMIC/KUHS 23.12.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE LETTER NO.27088/2020/ACII/NSG/A2/KUHS DATED 25.01.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P5 A TRUE COPY OF THE ORDER DATED 11.09.2017 IN CIVIL APPEAL NO. 12759/2017 OF THE HON'BLE SUPREME COURT OF INDIA

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 09.02.2022 IN W.P.(C) NO. 4301/2022 OF THIS HON'BLE COURT.

Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 14.02.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT (WITHOUT ENCLOSURES).

Exhibit P8 A TRUE COPY OF THE LETTER F.NO.

1815/UTY/2020-INC/8674 DATED 15.10.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8(A) TRUE COPY OF THE LETTER F.NO.

2802/2019-INC DATED 09.12.2020 ISSUED WP(C) NO. 41411 OF 2022

BY THE 4TH RESPONDENT.

Exhibit P9 A TRUE COPY OF THE G.O.(RT) NO.

563/2022/H&FWD DATED 13.03.2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 A TRUE COPY OF THE INTERIM ORDER DATED 18.03.2022 IN W.P.(C) NO. 9321/2022 OF THIS HON'BLE COURT.

Exhibit P11 A TRUE COPY OF THE LETTER NO.

2020/27088/AC II/NSG/A2/KUHS DATED 23.03.2022.

Exhibit P12 A TRUE COPY OF THE LETTER NO.

4047/LMN/2022 DATED 24.03.2022

Exhibit P13 A TRUE COPY OF THE ORDER NO.

335/2022/ACADEMIC/KUHS DATED 31.03.2022

Exhibit P14 A TRUE COPY OF THE LETTER NO. 27088/AC II/NSG/A2/2020/KUHS DATED 07.04.2022

Exhibit P15 A TRUE OF LETTER DATED 14.07.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT UNIVERSITY.

Exhibit P16 A TRUE COPY OF THE LETTER NO.

23510/ACII/NSG/A2/2021/ KUHS DATED 23.07.2022 ISSUED BY THE 2ND RESPONDENT UNIVERSITY TO THE PETITIONER COLLEGE.

Exhibit P17 A TRUE COPY OF THE LETTER NO.

5079/LMN/22 DATED 26.07.2022 SUBMITTED BY THE PETITIONER TO THE REGISTRAR OF THE 2ND RESPONDENT.

Exhibit P18 A TRUE COPY OF THE ORDER NO.

G/666/10/NC DATED 12.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER WP(C) NO. 41411 OF 2022

COLLEGE.

Exhibit P19 A TRUE COPY OF ORDER NO.

27088/ACII/NSG/A2/2020/KUHS DATED 29.09.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER COLLEGE

Exhibit P20 A TRUE COPY OF THE JUDGMENT OF THIS WPC.NO.34388/2022, HON'BLE COURT IN DATED 11.11.2022

Exhibit P21 A TRUE COPY OF THE ORDER FILE NO.18-

16/6560-INC DATED 16.11.2022 ISSUED BY THE 4TH RESPONDENT

Exhibit P22 A TRUE COPY OF THE TRANSACTION DETAILS OF THE FEE PAID BY THE PETITIONER, DATED 05.12.2022

Exhibit P22(A) A TRUE COPY OF THE EMAIL EXCHANGES BETWEEN THE PETITIONER AND THE ACADEMIC NURSING SECTION OF THE 2ND RESPONDENT UNIVERSITY

Exhibit P23 A TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED BY THE UNIVERSITY DATED 12.12.2022

Exhibit P24 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE SHOW CAUSE NOTICE ISSUED BY THE UNIVERSITY, DATED 13.12.2022

Exhibit P25 A TRUE ORDER COPY OF THE U.O.NO.1225/2022/ACADEMIC/KUHS DATED 14.12.2022

Exhibit P26 A TRUE COPY OF ORDER NO.C4-

15763/2019/DMO(H)KANHANGAD DATED 11.03.2022, THE DMO, KASARGODE

Exhibit P27 A TRUE COPY OF THE MOU BETWEEN THE WP(C) NO. 41411 OF 2022

PETITIONER COLLEGE AND AISHAL MEDICITY, DATED 22.07.2022

Exhibit P28 A TRUE COPY OF THE PROCEEDINGS OF THE ADMINISTRATOR, AISHAL MEDICITY, DATED 30.07.2022

Exhibit P29 A TRUE COPY OF THE MOU BETWEEN THE PETITIONER COLLEGE AND THE NALAPPAD REHABILITATION CENTRE, DATED 03.03.2022